DUI charges dismissed on day of trial 02/25/13. Client pleads to reckless driving
On November 20, 2012, our client Pedro was detained for a DUI investigation. On January 10, 2013, the Riverside District Attorney’s Office filed criminal charges against Pedro alleging violations that he violated California Vehicle Codes 23152(a) and 23152(b).
On January 14, 2013, our office appeared on his case and entered a plea of not guilty to the charges. Our client had a right to force the prosecutor to announce ready for trial within 45 days of the date of the arraignment. That is exactly what we did. We set the case for trial immediately upon arraignment and did not waive time.
Once the matter was set for trial, this forced the prosecutor to get all of their witnesses and evidence in order within 45 days.
On February 25, 2013, we appeared for jury trial in this matter ready to demonstrate to the jury that our client was innocent. However, prior to commencing with jury selection, our client asked that we submit an offer to the prosecutor to determine if they will accept what is commonly referred to as a “dry reckless”.
One of the lesser offenses is a “dry reckless” driving charge under Vehicle Code 23103.
A “dry reckless” is simply a misdemeanor defined as driving with a flagrant disregard for people or property. A “dry” is always better than a “wet” reckless – as the “wet” refers to an alcohol or drug related drug offense. A “dry” reckless has advantages over a California DUI, including,
- No DUI school
- No mandatory sentencing enhancements for repeat offenders
- No automatic increase for each subsequent conviction
- Reduced fines
- In Pedro’s case, no jail sentence or requirement to do community service.
- A dry reckless driving conviction will not typically lead to a cancellation of your policy or cause the insurance premium to increase significantly as it would with a DUI type of conviction
At KIA LAW FIRM, our firm focuses on obtaining the best result for the Client.
As you can see, we have obtained dismissals and better offers on cases we have set for trial because we constantly challenge the State’s evidence and force the prosecution to “prove up” their case.
At KIA LAW FIRM, we always provide a free consultation. Call 951.686.4818 with any questions. We take cases all throughout Southern California